Vadim Koyen

The applicant, a condominium unit owner, submitted a records request for board meeting minutes and the reserve fund plan.

The respondent condominium corporation provided the minutes two days late and without the mandatory form, and stated the reserve fund plan was not yet approved.

The applicant alleged the minutes were inadequate because they omitted decisions regarding a new property manager and reserve fund study.

The Condominium Authority Tribunal found that the respondent did not refuse the records without a reasonable excuse and that the provided minutes met the standard of adequacy.

The application was dismissed with no order for costs.

The applicant condominium owner sought an order prohibiting the respondent from smoking on her porch, alleging the migrating smoke constituted a nuisance.

The respondent brought preliminary motions to dismiss for lack of jurisdiction and for a confidentiality order, both of which were denied.

The Tribunal found that the condominium rules did not prohibit smoking and that the frequency and amount of smoke migrating into the applicant's unit when his windows were open did not amount to a substantial and unreasonable interference.

The Tribunal also found that the condominium corporation took reasonable steps to investigate and address the complaints.

The application was dismissed with no costs awarded.